Lonely Planet has launched a photography competition to celebrate the launch of its Devon, Cornwall and Southwest England guide. However, photographers must beware of potential rights-grabbing conditions
Author: Olivier Laurent
02 Jun 2010 Tags: CompetitionsContestCopyrightYour rights
Lonely Planet's photography competition is aimed at budding photographers living in or having visited the Bristol area. It calls for entrants to submit five photographs that "really captures the heart of the city."
The winner will see one of his images published in the 2nd edition of the Devon, Cornwall and South West England guidebook, which will be released in September.
However, the competition's terms and conditions state that "each entrant grants a worldwide, irrevocable, five-year licence to each party providing the competition to feature any or all of the submitted material in any of their publications, their websites and/or in any promotional material connected to this competition."
By agreeing to the terms, photographers would, by entering the competition, grant a licence to Stanfords and Lonely Planet to use their images in the companies' travel guides, without remuneration for a five-year period.
Speaking to BJP, a spokeswoman for Lonely Planet has confirmed that the publisher intends to use images entered in the competition. "This clause does mean that we could use the images beyond the competition but the photographer would still own the rights to the image and they can opt out of this if they want to," says the spokeswoman. "Unfortunately we didn’t have the functionality on the site to offer an immediate opt out, but as the terms say entrants are welcome to contact Stanfords to request for their image not to be used beyond the competition. We won’t discriminate against photographers who contact us to opt out of further use. The competition will be judged on the merits of the photograph."
Participating photographers are urged to write to Stanfords, before the competition's deadline of 06 July, if they would like to opt out of the arrangement - the address is Stanfords, 12-14 Long Acre, London WC2E 9LP.
For more details, visit www.stanfords.co.uk.
Not able to supply opting out information on the application form? What a load of rubbish. They know exactly what they are doing. I would like to see them add this option in to the application and stick to their word. I would love to buy this new copy of the book, scan it in fully and distribute it for free... Then they may see the light once their sales start falling...
I think you should re-read this...
What is so objectionable about these terms and conditions? Usually I'm one to 'stand up for your rights' but it seems all they are doing here is defending their right to use it in the way advertised? Isn't it reasonable in a competition that says "get your image published" that you might very well have to agree to having your image published?
Are competitions that state the person must be over 18 ageist? Are ones that say you must be a resident of a certain country fascist, or Nationalistic? No, it's a valid T&C to protect the legal ground it stands on.
The T&Cs state quite clearly 'in conjunction with this competition' - so where is the statement coming from that they are 'grabbing' a license to use it "in their guidebooks"?
It's guidebook, singular. The one you are entering to be a part of.
Can you image the issues it would cause Lonely Planet if the license WASN'T irrevocable? The photographer could force a guidebook in circulation to be withdrawn, by withdrawing his allowance to use it. OR be a complete **** and state he now demands £5000 for 'further rights' and write his own blank cheque because they have no alternative but to comply.
As someone who has signed MANY stock imagery license forms I can tell you a license is ALWAYS irrevocable. ALWAYS worldwide. And usually perpetual. At least they've been kind and said 5 years - which I imagine is the life of the guidebook?
Anouk, the main issue is not so much that the winner will get published, but that Lonely Planet may use any pictures submitted to the competition (whether it wins or not) in their guidebooks (not one guidebook, but any Lonely Planet guidebooks) as well as their sites, etc.
Some photographers might be fine with that, but a lot won't be. That's why it needed to be highlighted.
Oliver, I do see your point. But isn't that just to allow them to display the ones that entered? i.e. 'Here are images submitted for the competition' on their website?
Clearly, if they are looking to print ONE winner, they aren't then going to announce multiple winners? It would seem at odds with what they're trying to do.
Their use is 'connected to this competition' so they couldn't then just use these images in 15 publications to bolster their stock library. I can't imagine Lonely Planet would need to do it, anyway!
I've sent them an email, to ask them to clarify this. Because I don't think they'd have anything to gain from doing this.
Surely they could instead just look here : http://www.flickr.com/creativecommons and choose CC-BY , under the search term 'Bristol' ?
The motive is unclear. Why do either party, especially Lonely Planet, want to 'grab' a huge stock library of Bristol photographs? It would seem if they were doing such a thing they'd have a broader theme!
Just my $0.02
You think this is bad - look at Cornwall Today
Just got back from Cornwall & picked up a copy of Cornwall today - for their readers competition this is one of their conditions:
"All submitted entries become the property of Cornwall & Devon Media Ltd upon receipt and we reserve the right to use entries for commercial purposes. Cornwall & Devon media Ltd also reserve the right to publish any entry in any form and at any time, including on our websites, free of charge. Photographs will be credited to the photographer and credited appropriately."
Why do they need the second sentence as immediately they receive any entry it becomes their property to do with as they like?!?
As you would expect, they are not interested in discussing their T&Cs.
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